Phillips v. Astrue

Filing 25

ORDER granting 23 Motion for Attorney Fees. Signed by Honorable Timothy D. DeGiusti on 6/2/2014. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MIKE PHILLIPS,

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Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,
Defendant.

Case No. CIV-13-61-D

ORDER
Before the Court is Plaintiff’s Application for Attorney Fees [Doc. No. 23] brought pursuant
to 28 U.S.C. § 2412(d), the Equal Access to Justice Act (“EAJA”). The EAJA permits an award of
attorney fees and expenses to a prevailing plaintiff in certain actions against the government,
including Social Security claims. In this case, Plaintiff sought review of the decision of Defendant
Commissioner of the Social Security Administration. The Court reversed the Commissioner’s
decision, and remanded the matter for further proceedings. See Order and Judgment of April 29,
2014 [Doc. Nos. 21, 22]. The Commissioner does not dispute that Plaintiff is a “prevailing party”
within the meaning of the EAJA, and is thus entitled to an award of reasonable attorney fees. See,
e.g., Shalala v. Schaefer, 509 U.S. 292 (1993).
Plaintiff seeks an award of $6,056.80 in attorney fees for the services performed in this case.
Plaintiff’s counsel has submitted documentation reflecting the work performed and the time incurred
for each service rendered to Plaintiff in this action. See Application, Attachment 1. Plaintiff’s
application also includes legal authority supporting the requested EAJA award.

In response, Defendant does not object to the amount of the award requested by Plaintiff, but
notes that payment must be made directly to Plaintiff as the prevailing party in accordance with
Manning v. Astrue, 510 F.3d 1246, 1254 (10th Cir. 2007).

Furthermore, if Plaintiff’s counsel is

ultimately granted attorney fees pursuant to 42 U. S. C. § 406(b), counsel must refund the smaller
of the EAJA or the § 406(b) award to Plaintiff. Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir.
1986).
The Court has reviewed the documentation submitted by Plaintiff and finds that the requested
fee of $6,056.80 is supported by the documentation. Further, the Court finds that the requested
amount represents a fair and reasonable fee for the work performed by Plaintiff’s counsel in this
case.
Accordingly, Plaintiff’s Application [Doc. No. 23] for approval of an EAJA attorney fee
award in the amount of $6,056.80 is GRANTED. Defendant is ordered to pay that amount directly
to Plaintiff, in accordance with the requirements of the EAJA and the Tenth Circuit Court of Appeals
and may do so by forwarding the amount to Plaintiff in care of his attorney. Further, if additional
legal fees are awarded pursuant to 42 U.S.C. § 406(b), Plaintiff’s counsel is ordered to refund the
smaller amount to Plaintiff as required by Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
IT IS SO ORDERED this 2nd day of June, 2014.

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